‘Disrespectful and wrong’: lawyers slam Coalition’s push to restore power to deport Aboriginal non-citizens

Federal government’s appeal against the release of NZ man due to his claim of Aboriginality is being criticised as ‘a significant step backwards’

The Morrison government’s plan to restore its power to deport Aboriginal non-citizens has been criticised as “disrespectful and wrong” and a “significant step backwards” in the recognition of Aboriginal societies.

Both claims are made in submissions to an appeal by the federal government to overturn the landmark Love and Thoms decision.

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Zachary Rolfe found not guilty of murder over Kumanjayi Walker fatal shooting

Rolfe, 30, was also cleared of two alternative charges of manslaughter and engaging in a violent act causing death

Northern Territory police officer Zachary Rolfe has been found not guilty of murder in relation to the shooting death of Kumanjayi Walker.

Rolfe, 30, was also cleared of two alternative charges of manslaughter and engaging in a violent act causing death.

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Erin Molan, Nyadol Nyuon tell inquiry defamation bill not ‘useful’ for most online trolling victims

Problems of cost and ‘unmanageable’ volume of abuse cited as eSafety commissioner says proposed bill should be renamed

High-profile victims of online trolling, including Erin Molan and Nyadol Nyuon, have said an “anti-trolling” bill that overhauls defamation law for online comments will be “almost impossible” to uptake and not “useful” to most people in Australia due to the cost and effort involved.

The bill will make the owners of social media pages and groups not liable for user comments on those groups or pages, and would shift the liability burden to social media platforms if they do not attempt to facilitate the unmasking of anonymous commenters for someone seeking to bring defamation proceedings.

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NSW woman who faked grazier partner’s suicide in attempt to inherit property convicted of murder

Natasha Beth Darcy, 46, will be jailed until at least 2047 for sedating and gassing Mathew Dunbar in 2017

A New South Wales woman who faked her grazier partner’s suicide, sedating and gassing him to inherit his property, will be jailed until at least 2047.

Natasha Beth Darcy, 46, was on Monday sentenced to a maximum of 40 years in prison for the crime which Justice Julia Lonergan called “stupid, clumsy and ugly”.

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Australia politics live news updates: Christian lobby says government should withdraw religious discrimination bill; at least 40 Covid deaths recorded

NSW records 24 Covid-related deaths, Victoria records 16; TGA approves AstraZeneca booster for adults; Christian lobby says government should withdraw religious discrimination bill after controversial legislation moves to upper house. Follow all the day’s news

Need a quick recap of yesterday’s shenanigans in question time? As prime minister Scott Morrison said: Bring. It. On. Sarah Martin reports:

The Therapeutic Goods Administration has provisionally approved an AstraZeneca booster for adults.

The decision to receive Vaxzevria (AstraZeneca) as a booster must be made in consultation with a medical professional.

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Lower house sits late to continue religious discrimination bill debate – as it happened

Debate over religious discrimination bill to continue as House of Representatives agrees to sit late; Brittany Higgins calls for Jenkins review to be implemented; nation records at least 68 deaths from Covid – follow all the day’s news

The Coalition has been sitting on a major report into the state of the care workforce in Australia since September last year, Sarah Martin reports. The report “set out to examine the needs of the care and support workforce for aged, disability, veteran and mental health care”:

I mentioned the Health Services Union’s survey earlier, in the context of the opposition hoping to wound the government over the aged care crisis.

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Australia politics live news updates: PM apologises to Brittany Higgins as parliament acknowledges history of bullying, harassment, sexual assault

Apology for staff and politicians who have experienced sexual harassment, assault and bullying at Parliament House; Daniel Andrews welcomes border reopening, announces free RATs for kids in childcare; anti-vaccine mandate protests continue; Victoria records 9,785 Covid cases and 20 deaths, NSW records 9,690 cases and 18 deaths; Queensland records 5,178 cases and 12 deaths. Follow the latest updates live

The defence minister Peter Dutton has told the Today show he is reserving his right to take legal action against former NSW premier Bob Carr, who doubled down on his claims that Dutton was the “mystery minister” who called prime minister Scott Morrison a “psycho”. Dutton said:

It was not me. I mean, every family’s got this crazy uncle that wakes up from the rocking chair and sort of in a startled way shouts out something and I just don’t know what is going on with Bob Carr. Is he the full quid or not? He’s a bizarre guy. He hasn’t produced any evidence. He’s now saying if it’s not me, then the person needs to come forward to prove my innocence. I just find it bizarre. But anyway, I just find it bizarre. But anyway, I think he has discredited himself.

He hasn’t produced any evidence and you can’t just make a claim and then back away from it. But that’s what he’s done. I think it’s embarrassing for him and I think most journalists frankly have treated him as a bit of a joke and this sort of relevance deprivation syndrome cuts in for a lot of former politicians as we’ve discussed on the show before.

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Parent company of Nauru offshore operator fails to file reports in apparent breach of corporations law

Asic registers ‘report of misconduct’ against Canstruct owner Rard No 3 for failing to lodge financial reports with the corporate regulator

The parent company of the firm that runs Australia’s offshore processing regime on Nauru has failed to lodge financial reports with the corporate regulator on time, in an apparent breach of corporations law.

The Australian Securities and Investments Commission has confirmed that it has registered a “report of misconduct” against Rard No 3, the Brisbane-based company that wholly owns Canstruct International, following the Guardian’s inquiries. The potential penalty for filing a report late is a fine of more than $25,000.

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Cleo Smith: Terence Darrell Kelly pleads guilty to abducting four-year-old from WA campsite

Kelly, 36, admits in court to taking child from a tent last year. Other charges have been adjourned to a later date

A man has pleaded guilty in court to abducting Cleo Smith from her family’s West Australian campsite, sparking a widespread search and attracting global attention.

Terence Darrell Kelly, 36, on Monday admitted taking the four-year-old from a tent at the remote Blowholes campsite last year.

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‘No vax, no play’: surfer Kelly Slater won’t be let into Australia if he’s not vaccinated against Covid

World Surf League events are due in Victoria and WA but federal health minister says position on coronavirus vaccine is ‘pretty clear’ following Novak Djokovic visa saga

Surfing great Kelly Slater could be the next big name in sport to be refused the right to compete in Australia, with the federal health minister saying the 11-time champion will not be allowed into the country if he is not vaccinated against Covid.

Slater, who has not publicly disclosed his Covid vaccination status, has aired some controversial views on the Covid vaccine, including an Instagram comment in October that claimed he knew “more about being healthy than 99% of doctors”.

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Australia news live update: PM asked about double standard on Djokovic anti-vax concerns; 23 Covid deaths in Victoria, NSW as hospital cases rise

Victoria reports 22,429 new Covid cases, six deaths and 1,229 people in hospital; NSW records 29,504 cases and 17 deaths, with 2,776 people in hospital; Scott Morrison discusses Novak Djokovic deportation; Australian surveillance flight to assess Tonga tsunami damage delayed; unions meet over workforce and supply chain shortages. Follow all the day’s news

Prime minister Scott Morrison has appeared on 2GB this morning, confirming Djokovic didn’t comply with entry requirements ... but that is not why his visa was cancelled.

Australia has very clear rules and Australians have been following those rules ... we apply our rules equally in this country and there was a very clear message sent – he wanted to come, he wasn’t vaccinated, well you’ve got to have a valid medical exemption and neither of those were in place. People make their own choices, and those choices meant you couldn’t come here and play tennis.

The idea someone could come and not follow those rules just was not on ... he was wrong, simple as that ... we didn’t give him an exemption, the federal government gave him no such exemption.

And that is that Mr Djokovic would be asked to leave, it is in the remit of the minister to do that, the judges reviewed the process and found the process the minister followed was legal. But to be quite frank, I am on the same page as Mr Djokovic. We’ll move on. And the things I will move on to are making sure to keep food on the shelves of supermarkets as ... people have been interested in the story, it’s been a ... soap opera. But now people are going to focus on the tennis, watch the tennis and also focus on looking after them and one of the big issues right now is making sure we keep food on the shelves at the grocery store.

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Australia live news update: Novak Djokovic federal court decision expected today; ‘difficult three weeks’ ahead for NSW amid Covid surge

Government argues Serbian tennis star has become ‘icon’ for anti-vax groups as federal court adjourns; Victoria records 13 Covid-19 deaths and 28,128 new cases; Perrottet warns of ‘difficult three weeks’ as NSW records 20 deaths and 34,660 new cases; Queensland records three deaths and 17,445 new cases; ACT records two deaths and 1,316 cases. Follow all the day’s news here

In further Australian Covid news, the Morrison government has announced $24m in new funding to widen the use of telehealth for GPs and other specialists. The funding is a direct reaction to the infection rate from the Omicron outbreak. AAP reports:

The $24m will also cover the continued supply of personal protective equipment, such as masks, respirators, face shields and gowns for face-to-face consultations including patients that have tested positive through a rapid antigen test.

The latter aligns with national cabinet’s January 5 decision that RAT tests no longer need to be confirmed by a PCR test.

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Novak Djokovic appeals in court against cancellation of Australian visa – live updates

Lawyers for the Australian government have rejected tennis star’s claim he was given assurances a medical exemption would allow him to enter the country for the Australian Open as case heard in court

I have a live stream up and running now. Updates coming soon.

A spokesperson for the court says the hearing is going ahead, but the live stream is still down:

I am now advised the hearing has started. The court is working to rectify the situation. Apologies.

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Australian government fails in bid to delay Novak Djokovic visa court hearing by two days

World No 1 challenging visa cancellation but legal experts split on whether court process can be resolved in time for Australian Open draw

A bid by the Morrison government to delay Novak Djokovic’s visa hearing by two days has been rejected by the federal circuit court.

In an order, published on Sunday, judge Anthony Kelly rejected the move which would have delayed the hearing until Wednesday – after Tennis Australia’s stated deadline to include the world number one in the Australian Open draw.

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Novak Djokovic relied on December Covid infection for Australian vaccine exemption, court documents reveal

Tennis star accuses Australian government officials of unfairly pressuring him to accept visa cancellation, documents show

Novak Djokovic relied on a weeks-old Covid infection to justify his vaccine-free travel to Australia and was given a green light by the federal government just days before arriving in the country, court documents reveal.

Court documents associated with Djokovic’s challenge to his visa cancellation were published by the federal circuit court late Saturday, ahead of an urgent hearing on Monday.

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British woman wins legal battle against Australia’s ‘backpacker tax’

Australia’s high court finds the higher rate of tax for working holiday makers is discriminatory and breaches treaty with UK

A British backpacker who worked as a waiter in Sydney has won a long-running legal dispute against Australia’s “backpacker tax” in its highest court.

On Wednesday the high court ruled in favour of Catherine Addy, finding the tax which slugged working holiday-makers thousands of dollars more than Australians discriminated against her on the basis of her nationality and infringed a treaty Australia signed with the UK.

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Australia Covid live update: Victoria records 1,890 cases, five deaths; NSW 477 cases, six deaths; 10,000 vaccinated people to attend Melbourne Cup

Victoria records 1,890 new cases and five deaths; NSW records 477 cases and six deaths; 30 new cases in ACT; 10,000 vaccinated people to attend Melbourne Cup; Perrottet says NSW wants ‘to open international borders as quickly as possible’, as lockdown for those fully vaccinated set to lift at midnight. Follow updates live

Speers pivoted from asking communications minister Paul Fletcher about holding social media companies to account to holding the federal government to account.

There was a lot of back and forth and at one point Fletcher referenced the resignation of Gladys Berejiklian as NSW premier as evidence of the failings of an anti-corruption authority.

The government’s proposed federal integrity commission wouldn’t be allowed to hold any public hearings. Why not? What’s there to hide?

David, the proposed federal integrity commission would have the powers of a royal commission to deal with criminal corrupt conduct at a commonwealth level. And of course ...

No public hearings, which is my question. Why not?

It will go through an investigation process.And then, if appropriate, it will refer material to the director of public prosecutions, and then you go through an open-court process.

This commission wouldn’t have public hearings. I mean, don’t you think voters, taxpayers, deserve to see what’s going on? I mean, we wouldn’t know about Daryl Maguire’s business dealings from his parliamentary office and kickbacks he was receiving. Don’t we need to see this stuff?

I think the outcomes last week where a very popular and highly competent premier stood down highlights some of the flaws in the model. So we don’t support a model where you are presumed guilty unless you can prove your innocence.

Your government, of course, tried to scrap Section 18C of the Racial Discrimination Act. You were worried about protecting free speech. Now it sounds like you want to go in the other direction and make it harder to say things that can be considered racist.

The test, David, will be the impact on the individual. If a reasonable person would consider that it was intended to harm and if it’s menacing, harassing or offensive – those words, by the way, taken from an existing provision in the criminal code dealing with online content. So what we’re doing is leaning in on this issue and all of the issues that arise in relation to online safety. Our government’s taken a leadership position on this since we came to government. The Australian eSafety Commissioner, set up in 2015, is world-leading ...

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Missing apostrophe in Facebook post lands NSW real estate agent in legal hot water

Court declines to dismiss defamation case against Anthony Zadravic, who said failure to punctuate social media post was trivial

A real estate agent’s failure to use an apostrophe in a Facebook post could prove costly after a New South Wales court declined to dismiss a defamation case against him on the basis it was trivial.

Late on 22 October last year, Anthony Zadravic posted that another real estate agent was “selling multi million $ (sic) homes in Pearl Beach but can’t pay his employees superannuation”.

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Retirement village owner uses squatters’ rights in court bid to claim Sydney property

Australian Retirement Holdings launched legal action in a bid to stop a woman taking possession of her deceased grandparents’ land

The operator of a private retirement village attempted to stop a woman taking possession of her deceased grandparents’ land on the fringes of Sydney, claiming it as their own using squatters’ rights.

Australian Retirement Holdings were using the block of land, owned by Monica Pritchard and her husband, Arthur Pritchard, until their deaths in 1990, as part of construction of a multimillion-dollar development past Campbelltown in south-western Sydney.

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Australians who live overseas now unable to leave country if they return for visit

Government expands border ban in a move experts say could be constitutionally invalid and unfairly affect Australians from multicultural backgrounds

The Australian government has quietly expanded its ban on Australian citizens leaving the country to include people who are ordinarily residents in another country, meaning that even people who live overseas may not be allowed to leave Australia.

Prof Kim Rubenstein, an expert in citizenship law from the University of Canberra, said the change would unfairly affect Australians from multicultural backgrounds and could be constitutionally invalid.

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